LONDON BRASSWARE TERMS AND CONDITIONS
1.1 What these terms cover.
These are the terms and conditions on which we supply Products (“Products”)
to you via the Internet.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are Mag Kitchens and Bathrooms Ltd, a company registered in England and Wales. Our company registration number is 01635438 and our registered office is at Vulcan Road South, Norwich NR6 6AF. Our registered VAT number is 525397528.
2.2 How to contact us.
You can contact us by telephoning our customer service team at +44 (0)1603 488770 or by writing to us at email@example.com
or Mag Kitchens and Bathrooms Ltd, Vulcan Road South, Norwich NR6 6AF.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order.
Our shopping pages will guide you through the steps you need to take to place an order with us. Please check your order carefully before submitting it. Our acceptance of your order will take place when we email you to confirm that the Products have been dispatched, at which point your order will be accepted and a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this by e-mail and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures.
The images of any Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are made to order, any sizes, weights, capacities, dimensions and measurements indicated on our website may vary slightly.
4.2 Product packaging may vary.
The packaging of the Product may vary from that shown on images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Products.
We may change the Product without notifying you: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements, for example to address a health and safety or security threat.
6.2 More significant changes to the Products.
In addition, we may make certain, more significant changes to the Product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
6.3 Changes to these terms.
We amend these terms from time to time. Please look at the top of this page to see when these terms were last updated and which terms were changed. Every time you order Products from us, the terms in force at the time of your order will apply to the contract between you and us. If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs
. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the Products
. During the order process we will let you know when we will estimate that we will deliver the Products to you. We will attempt to deliver the Products to you as soon as reasonably possible and in any event within 40 working days after the day on which we accept your order, unless we cannot deliver to you because of an event outside our control (as set out at clause 7.3).
7.3 We are not responsible for delays outside our control
. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a delay of more than 40 working days you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
7.4 If you are not at home when the Product is delivered.
If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a delivery depot.
7.5 If you do not re-arrange delivery.
If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 10.2 will apply.
7.6 Your rights if we deliver late.
If we do not deliver the Products within 40 working days of acceptance of the order, then you may treat the contract as at an end straight away if any of the following apply: (a) we have refused to deliver the Products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 Setting a new deadline for delivery.
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 Ending the contract for late delivery.
If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the Products. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you or return them to us in-store. We will pay the costs of postage or collection. Please call customer services on 01603 477880 or email us at firstname.lastname@example.org
for a return label or to arrange collection.
7.9 When you become responsible for the Product.
The Product will be your responsibility from the time we deliver the Product to the address you gave us or you or a carrier organised by you collects from us.
7.10 When you own goods
. You will own a Product once we have received payment in full.
7.11 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our website. We will contact you by e-mail to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us
. Your rights when you end the contract will depend on what you have bought and whether there is anything wrong with it:
a) If what you have bought is faulty or misdescribed you may have a right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.4.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
8.3 No right to change your mind (Consumer Contracts Regulations 2013)
(b) there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6).
. You recognise that the Products sold on www.londonbrassware.co.uk are made to order and bespoke to your specifications. The Products are not assembled or made from standard component parts available on our website. As a result, the Products cannot be resold to our other customers. Under the Consumer Contracts Regulations, as the Products are bespoke products, you will not have the right to change your mind and cancel the contract.
8.4 Ending the contract where we are not at fault and there is no right to change your mind.
If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for Products not delivered but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
(a) Phone or email.
Call customer services on 01603 477880 or email us at email@example.com
Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post.
Print off the form http://londonbrassware.co.uk/returns-form-26-w.asp
and post it to us at the address on the form. Or simply write to us as that address, including the information required in the form.
9.2 Returning Products after ending the contract.
If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us or (if they are not suitable for posting) allow us to collect them from you or return them to us in-store. Please call customer services on 01603 477880 or email us at firstname.lastname@example.org
for a return label or to arrange collection.
9.3 When we will pay the costs of return
. We will only pay the costs of return if the Products are faulty or mis-described. In all other circumstances you must pay the costs of return.
9.4 What we charge for collection.
If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you.
We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds.
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made.
We will make any refunds due to you as soon as possible and in any event if we have not offered to collect the Products, your refund will be made within 14 days from the day on which we received the Product back from you. For information about how to return a Product to us, see clause 9.2.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it.
We may end the contract for a Product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
10.2 You must compensate us if you break the contract.
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
(c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems
. If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at 01603 477880 or write to us at email@example.com.
11.2 Summary of your legal rights
. We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your Product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
11.3 Your obligation to inspect Products. If you wish to exercise your legal rights as a result of damage to the Products caused by delivery, you are required to inspect the Product and notify us of the delivery damage within 24 hours of completed delivery. If it is apparent on inspection of the Products that there is any evidence of damage caused by delivery, you must use your reasonable endeavours to note the damage on the delivery note. Where damage caused by delivery is discovered after completed delivery, any damaged Products and packaging must be retained by you for subsequent inspection by us as part of any claim for the damage as notified to us. If the Product is faulty, defective, misdescribed or damaged other than by reason of delivery, you are required to inspect the Products and notify us of the fault, defect or misdescription no later than 7 days after completed delivery.
11.4 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01603 477880 or email us at firstname.lastname@example.org
for a return label or to arrange collection.
12. PRICE AND PAYMENT
12.1 Where to find the price for the Product.
The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of Product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Product you order.
12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12.4 When you must pay and how you must pay.
We accept payment with the following debit or credit cards: Maestro, Visa, Visa Electron and Mastercard. You must pay for the Products at the point of ordering.
12.5 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU This clause only applies if you are a consumer.
13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 When we are liable for damage to your property.
If we are providing services in your property, we will make good any damage to your property that you can prove was caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
13.3 We are not liable for business losses.
It is assumed that the Products are for domestic and private use only. If you use the Products for any commercial, business or re-sale purpose, clause 14 will apply.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU This clause only applies if you are a business.
14.1 Nothing in these terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective Products under the Consumer Protection Act 1987.
14.2 Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.3 Subject to clause 14.1, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
14.4 Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we will use your personal information.
We will use the personal information you provide to us:
(a) to supply the Products to you;
15.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
16. MANUFACTURER GUARANTEES
(b) to process your payment for the Products; and
(c) if you agreed to this during the order process, to inform you about similar Products that we provide, but you may stop receiving these at any time by contacting us.
16.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee supplied with the Products.
16.2 If you are a consumer this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
17.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.